Allen v. Alliance Trust Co.
Mississippi Supreme Court
From the chancery court of Washington county. Hon. Carey 0. Moody, Chancellor. Allen, appellant, was complainant in the court below; the Alliance Trust Company and others, appellees, were defendants there. From a decree sustaining defendants’ demurrer to a part of the bill, the complainant appealed to the supreme court. In 1891 Joseph Wilczinski owned a plantation in Washington county, Miss.
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From the chancery court of Washington county. Hon. Carey 0. Moody, Chancellor. Allen, appellant, was complainant in the court below; the Alliance Trust Company and others, appellees, were defendants there. From a decree sustaining defendants’ demurrer to a part of the bill, the complainant appealed to the supreme court. In 1891 Joseph Wilczinski owned a plantation in Washington county, Miss. He borrowed some money from the Alliance Trust Company, a corporation, and to secure tke loan ke and kis wife executed a deed of trust in tke usual form upon tke plantation, in wkick one Currier was made…
1Opinion of the Court
Caliioon, J.,
delivered tbe opinion of tbe court.
Tbe very able brief of learned counsel for appellant states tbe rule as to tbe meaning of the phrase “legal representatives” as we understand the best modern authorities to define it. The phrase has no hard and fast meaning’. It usually means executors or administrators; but it cannot, of course, mean executors and administrators only, in whatever instrument it may appear, and with reference to all the different subject-matters treated of in the multitude of varying instruments, and no matter what the plain purpose of the maker of the instrument…
2Cited by20 opinions
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
- Hill v. JamesMississippi Supreme Court · 1965
- Scottish American Mortgage Co. v. ButlerMississippi Supreme Court · 1910
- Watson v. PerkinsMississippi Supreme Court · 1906
- Wirtz v. GordonMississippi Supreme Court · 1938
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